Previously

A judge denied a request Wednesday by Sweetwater school board member John McCann for an order of protection to keep Stewart Payne, a parent in the school district, from coming within 100 yards of McCann.

Last month, an attorney paid by Sweetwater schools obtained a temporary restraining order for McCann against Payne. McCann requested the court’s protection after an April 16 incident in the Sweetwater Union High School District parking lot. Payne refused to shake McCann’s hand, and things got heated.

The judge said the behavior displayed that night was inappropriate and immature, but it did not indicate that Payne would be a future threat to McCann’s safety.

She specifically referred to case law that requires two separate incidents be documented before obtaining a protective order.

The judge noted some discrepancies in descriptions of how the scuffle unfolded, comparing a police report to the documents submitted in court.

The judge admonished both McCann and Payne.

“These are adults talking to each other. It’s distressing to hear words like ‘loser’ and ‘stupid’ ... coming from the mouths of parents and the mouths of people who are advocates of our children,” España said.

Sweetwater Superintendent Ed Brand approved the legal expense. He said the affair may cost the school district around $2,400 in attorney’s fees for McCann. Board member Bertha Lopez questioned the legal expense at Monday’s meeting and asked that the issue be brought to the board for a vote.

The judge denied a request by the district’s outside lawyer that Payne be asked to pay McCann’s legal fees.

Payne represented himself in court. He is a participant in a recall effort against McCann. The drive stems from the District Attorney's Office probe of corruption in the South Bay, although McCann has not been implicated in that investigation.